Can I Sue If My Child Was Injured?

Posted By Roman & Gaynor || 21-Mar-2018

If your child has been injured because of another person’s negligent
actions or careless behavior, you are entitled to pursue financial compensation
for their injuries and any subsequent medical treatments required for
their recovery. But before you attempt to get started filing your lawsuit,
it is important to know that child injury cases are different than
personal injury cases for adults. In this blog, we explain how to sue someone for your
child’s injury.

Who Can File My Child’s Injury Claim?

If the injured child is under the age of 18, they cannot file a personal
injury claim on their own. You or another guardian will need to file the
injury claim in the child’s name if they are a minor. However, there
is a benefit to this caveat. You will also be entitled to compensation
for any expenses you pay on behalf of your child. Some states require
parents to get pre-approved by the court before they can file an injury
claim on behalf of their child. You should consult with an experienced
injury attorney to find out about your state’s laws for child injury claims.

What If My Child was Trespassing?

When it comes to an adult, if they did not have explicit permission to
be on the property where they suffered their injury, they would likely
be unable to pursue damages. When it comes to children though, your ability
to seek compensation depends on if the property owner knew of a potentially
dangerous condition and if they were also aware that there was a risk
for children trespassing on their property.

Will the Age of My Child Impact My Injury Claim?

The legal standards set for children are not the same as the legal standards
set for adults. This difference is based on the fact that the brains of
young children have yet to finish developing, thus they do not have a
similar mental capacity that an adult would. To determine negligence in
child injury cases, the court must ask the question: “How would
a child of their age reasonably be expected to behave?” In addition
to these stipulations, children who are under the age of 6 cannot be found
partially negligent for their actions.

At Roman & Gaynor, we are dedicated to helping families get justice
for their personal injuries. Our team of lawyers have more than 50 years
of combined legal experience and we our ready to help you pursue the compensation
you are entitled to. Let us put our skills and experience to work for
you today.